New York State Court of Claims

New York State Court of Claims

JOSEPH v. THE STATE OF NEW YORK, #2003-031-069, Claim No. 105904, Motion No. M-67240


Synopsis


Defendant does not oppose Claimant's motion for stay of trial. Motion granted

Case Information

UID:
2003-031-069
Claimant(s):
GEORGE JOSEPH
Claimant short name:
JOSEPH
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105904
Motion number(s):
M-67240
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
GEORGE JOSEPH, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER
New York State Attorney General
BY: JAMES L. GELORMINI, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 3, 2003
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

The following papers, numbered 1 to 4, were read on motion by Claimant for a change of venue or, in the alternative, for an adjournment of the trial of this matter:
  1. Claimant's "Application," filed June 27, 2003;
2) Claimant's statement, sworn to August 12, 2003;
3) Affirmation of James L. Gelormini, Esq., dated August 21, 2003;
4) Filed papers: Claim and Answer. Claimant brings this motion asking for a change of venue or, in the alternative, an adjournment of the trial of claim number 105904, which is scheduled for September 9, 2003, at Wyoming Correctional Facility. Claimant maintains that he has many enemies throughout the Department of Correctional Services system, and that transporting him for an appearance at the trial of this matter would place his life in danger.

Claimant has indicated that he expects to be released from State custody in May of 2004 and has therefore asked, in the alternative, that the trial of this matter be adjourned until after his release. Defendant does not oppose Claimant's alternative request.

Based upon the foregoing it is:

ORDERED, that Claimant's motion for an adjournment of the trial of claim number 105904, until after May 23, 2004, is granted.

September 3, 2003
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims